Executive Summary: The Romanian legislation establishes a series of conditions regarding the conclusion of sales agreements in Romania. The Romanian Civil Code requires a certain form of conclusion of the sales agreement in Romania depending on the nature of the good whose property is transmitted.The law confers the title of agreement under private signature in Romania to those agreements whose conclusion can be made valid by the simple agreement transposed by the signature of the parties. On the other hand, in the case of certain agreements in Romania, the law requires the authentic form in Romania. Pavel, Mărgărit and Associates Romanian Law Firm recommends contacting a lawyer specialized in civil law and real estate law in Romania who can advise you regarding the extent of the rights and obligations stipulated in the sales agreement in Romania, the form that it must follow for the valid conclusion and which can assist you in conducting negotiations on its conclusion in a way that benefits both contracting parties.
The agreement under private signature in Romania is the agreement drawn up and signed by the parties, without the intervention of any state body, the consent being expressed by the simple signature of the parties. However, the documents drawn up in this form do not have the necessary legal force for the conclusion of all kinds of agreements in Romania. For example, agreements under private signature in Romania are not able to transfer ownership of the buildings, forcing the contracting parties to complete all formalities for the fully valid conclusion. Regarding the agreements under private signature concluded in Romania before the entry into force of the New Civil Code in Romania, respectively those governed by the Civil Code of 1864, they are not valid unless they have been made in as many originals as the parties having opposing interests. For this reason, a lawyer specialized in civil law and real estate law in Romania can offer you tailored legal assistance in order to avoid possible impediments in the necessary steps to conclude agreements in Romania.
In accordance with the provisions of the New Civil Code in Romania for the valid conclusion of a sales agreement in Romania, the parties must take into account, first of all, the nature of the good that is the object of the agreement in Romania. Depending on this aspect, the validity of the agreement in Romania is influenced by the form of its conclusion. For example, the law requires the conclusion in authentic form of agreements in Romania regarding the transfer of property of buildings, sales agreement of an inheritance in Romania, etc.
In view of the above, the parties are obliged be present before the notary public in Romania who, according to the Law on Public Notaries of 1995 in Romania, has the duty to verify, in order to prevent disputes, that the documents which he instructs do not contain any clauses contrary to the law and good morals, to request and clarify to the parties the content of these documents in order to be convinced that they understood their meaning and accepted their effects and would authenticate the sale in Romania according to the will of the parties. For these reasons, a lawyer specialized in civil law and real estate law in Romania can assist you before the notary public in Romania in order to conclude the sales agreement in Romania.
At the same time, when discussing the validity of a sales agreement in Romania concluded before the entry into force of the New Civil Code in Romania, the principle of non-retroactivity of civil law legislates the fact that the provisions of the new law will apply only to sales agreements in Romania concluded after its entry into force. Furthermore, the provisions of the new law are applicable to the future effects of legal situations arising before its entry into force, derived, inter alia, from the capacity of persons, from property relations, including the general regime of goods, but also from neighborhood relations, if these legal situations persist after the entry into force of the new law.
Thus, regardless of the way in which the respective agreement in Romania was concluded, either in authentic form in Romania or under private signature in Romania, the law protects the interests of the parties of the sales agreement in Romania as long as the essential conditions of validity of the respective agreement in Romania are met. In order to ensure compliance with the legislative norms and to prevent any malfunctions in the sale process in Romania, a lawyer specialized in civil law and real estate law in Romania can offer you legal assistance regarding the valid conclusion of the agreement in Romania, the revision of the clauses, as well as representation before the notary public in Romania.
“Pavel, Mărgărit and Associates Romanian Law Firm assisted many clients in concluding sales agreements in Romania, having extensive experience in the field of civil law and civil litigation ”, said the Managing Partner, Radu Pavel.
In conclusion, for the valid conclusion of a sales agreement in Romania, the parties must take into account a series of legal provisions and essential conditions for the valid conclusion of the sales agreement in Romania depending on the interest pursued. Pavel, Mărgărit and Associates Romanian Law Firm recommends contacting a lawyer specialized in civil law and real estate law in Romania who can provide clear information on the regulations in force and comply with obligations imposed by the law in carrying out the sale process in Romania.